Islamic laws and jurisprudence
Editorial introduction
Muḥammad gave His people laws, not only a philosophy, and the Writings honour that practicality: a religion must take shape in daily conduct or it is a set of opinions. Yet law is also where interpretation can lose its way. ‘Abdu’l-Bahá points to the Qur’anic condition on marriage, that if a man fears he cannot deal justly with several wives he must take one [1], and observes that in God’s sight the rule of one is what is acceptable, while the clergy measured justice in food, clothing, and lodging and so emptied the condition. Bahá’u’lláh asks what fruit came of lifetimes of hair-splitting on sciences that begin with words and end with words. Other questions are harder still: what becomes of a debt of wine and pork when both parties embrace Islam, and how much certainty faith requires before one acts. These reported discussions are particular voices in a long Islamic conversation, not a summary of it. They lead back into the life of Muḥammad, into Islam as a religion of law and community, and into the question of veiling, where purpose and wording are still being weighed.
Our Lord Muhammad, with wise knowledge of human nature, had in His Holy Book, the Qur'an, given the believers a Religion, not just a philosophy, He had laid down laws in the Qur'an, not just dogmas.
As to the question concerning what God hath forbidden unto men from the nine that are written in the Words, and what God hath ordained beyond them regarding divorce, zihar, and their like along the paths of that which is lawful: Know thou that God, glorified be He, is the True Self-Sufficient One. He hath made lawful in the Book for His servant all that He hath created in the earth collectively, even as God, exalted be He, hath said in His Book: "He it is Who created for you all that is in the earth."
Before the advent of the Prophet Muhammad (peace be upon Him), polygamy was so prevalent and widespread among the Arabs that it was impossible to suddenly mandate monogamy.
Despite this, He states that if you cannot deal justly between four wives, then you must choose one.
Question: What is the ruling on polygamy?
Answer: In the Qur'an, the phrase "if ye fear that ye shall not be able to deal justly [with them], then only one" indicates that in the sight of God, the ruling of one [wife] is acceptable. However, the Islamic clergy determined justice in terms of food, drink, clothing and the means of living. The reason for the ruling of three and four [wives] was that in the time of the Prophet, there was no limit to the number of marriages among the Arabs, therefore He commanded three and four [wives] conditional upon justice, otherwise multiple wives causes corruption of the family.
This matter of temporary marriage is explicitly mentioned in the Qur'an. When the companions came to Medina, for the prevention of impropriety and to provide companionship for their families and children, a verse was revealed permitting temporary marriage, and no verse was later revealed prohibiting it. This is why the Shi'ih held to it, but 'Umar made it forbidden, and Yahya ibn Aktham also concluded that temporary marriage was prohibited. From the perspective of inheritance, the son of a temporary marriage can inherit, but the temporary wife herself does not inherit.
How great the results that would have appeared if these people [who were well-versed in Islamic jurisprudence and doctrine] had practised that kind of hair-splitting on matters of actual importance! To what avail did they spend all the days of their lives on sciences and subjects that begin with words and end with words? Their endeavours bore no other fruit but this.
Most of the present-day scholars, such as Shaykh Yusuf and Shaykh Rashid, are of the Wahhabi sect, and their foundation is based on minimizing the station of the Messenger of God.
I relate a parable from the religious law of Islam and the law preceding it, of which you are aware and which you acknowledge. Should a Christian, in accordance with religious law and ordinance, owe a jar of wine and a piece of pork to a debtor, and later on both should become Muslims, what course should the deputies of the sacred law follow in order to redress the right of the wronged and requite the overdue debt owed to him? For in Islam, wine and pork are unlawful and have no value, and will yield no benefit to the one to whom they are due.
Say to the students that the Cause hath not yet attained maturity, nor hath the appointed time arrived. Wherefore, if anyone should ascribe to Me aught beside conformity to the subsidiary ordinances and beliefs of Islam, I and My sanctified forefathers shall be displeased with him, in this world and the next.
Then mention was made of a person named Haji Matlab, who was one of the Shaykhi scholars and often argued with the friends... The Shaykhis, contrary to the Shi'ites, believe that relying on conjecture in matters of faith is forbidden - one must act on certainty, as mentioned in many parts of the Qur'an.
For thought and discussion